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Posted on: May 21, 2015

Heroin-Impaired Driver Gets Maximum Penalty

Robert Kozak, 38, of Atlantic Beach, sentenced today to 2-1/3 to seven years in prison for repeatedly driving while high on drugs MINEOLA, N.Y. – Acting Nassau County District Attorney Madeline Singas announced the sentencing today of an Atlantic Beach man for driving while under the influence of heroin in two separate incidents occurring just three months apart. Robert Kozak, 38, of Atlantic Beach, was sentenced by Acting Nassau Supreme Court Justice Patricia Harrington to the maximum sentence of 2-1/3 to seven years in prison. Kozak pleaded guilty to Driving While Ability Impaired by Drugs (a D Felony), Driving While Ability Impaired by the Combined Influence of Drugs and Alcohol (a D Felony), Aggravated Unlicensed Operation of a Motor Vehicle in the 1st Degree (an E Felony), and Criminal Possession of a Controlled Substance in the 7th Degree (an A misdemeanor). Kozak’s drivers’ license was revoked. “Each time Mr. Kozak got behind the wheel while high on heroin, he was playing Russian Roulette with other people’s lives,” Acting DA Singas said. “Thankfully, this defendant’s repeated disregard for the safety of others did not result in injury or death. This sentence is proof of my office’s commitment to holding drugged and drunk drivers accountable, especially as we approach what are the deadliest days of the year for these types of crimes.” Acting DA Singas said that on Oct. 2, 2014, at approximately 2:15 p.m., Kozak rear-ended another vehicle stopped at a red light at the intersection of Monroe Boulevard and East Park Avenue in Long Beach. Kozak was observed by responding officers to be impaired by heroin. Officers observed Kozak’s arms to be bleeding, with visible track marks on his arms indicating recent heroin use. He was arrested and refused to submit a blood sample. On Jan. 15, at approximately 11:30 p.m., Kozak -- whose license was revoked due to his arrest in October 2014 -- was seen by a member of the public to be asleep at the wheel of his vehicle at a green light on Lakeview Avenue in Lynbrook. Kozak woke up, and proceeded to drive erratically towards Merrick Road. The civilian witness called 911 and Kozak was stopped shortly thereafter by a Lynbrook Village officer. Kozak was observed to be impaired by both alcohol and heroin. Kozak’s arms had fresh track marks indicating recent heroin use. Several bags of heroin were on the floor of the defendant’s vehicle. He refused to take a blood test. Kozak admitted in court that he was high on heroin in both incidents. Assistant District Attorney Steven Henesy is prosecuting the case for Acting DA Singas’ Vehicular Crimes Bureau. Kozak is represented by Charles von Schmidt, Esq.